“My neighbor’s tree fell on my car and damaged it. I only have liability so my insurance refused to pay for it or to cover it under my home policy. The branch that fell on my car has foliage and appears to be healthy however the core is totally rotted ( confirmed by an arborist). The tree leans into my property and I feel that the neighbor is aware of the danger because his neighbor’s tree fell on his garage few years back. My question is the following; can I hold my neighbor responsible for the damages or not .”

If the tree belongs to your neighbor and it was on his property, damage caused by it is probably covered under his homeowner’s policy. However, as a practical matter you need to consider that the deductible under a homeowner’s policy is usually much higher than on a car policy. Depending on how much damage was done to your car, your neighbor might be better off paying out of pocket rather than having a claim on his homeowner’s policy that he has to pay most of anyway. You might want to talk to your neighbor first and see whether he wants to submit this to his insurance company or handle it himself.